State v. Hurvey

DOWD, Judge.

Defendant was convicted of burglary with intent to ravish, § 560.040, RSMo 1969, and sentenced to 10 years in the custody of the Department of Corrections under the Second Offender Act, § 556.280 RSMo 1969. Two points are raised in this appeal.

Defendant first claims that a fatal variance existed between the charges embodied in the information and the evidence offered at trial. Defendant was charged with and convicted of burglary with the intent to ravish. § 560.040, RSMo 1969. The evidence produced at trial was entirely consistent with the information. The evidence showed that the…